"You understand that the Nintendo 3DS System specifications and the Nintendo 3DS Service are constantly evolving and that we [Nintendo] may update or change the Nintendo 3DS System or the Nintendo 3DS Service in whole or in part, without notice to you. Such updates may be required for you to play new Nintendo 3DS games, enjoy new features, or continue to access the Nintendo 3DS Service. After the Nintendo 3DS menu is updated, any existing or future unauthorized technical modification of the hardware or software of your Nintendo 3DS System, or the use of an unauthorized device in connection with your system, will render the system permanently unplayable. Content deriving from the unauthorized modification of the hardware or software of your Nintendo 3DS system will be removed. Failure to accept the update may render games and new features unplayable."
Speaking for myself, while I didn't purchase a 3DS at launch, I figured pretty much that at some point this year I would probably buy one. But after reading the above user agreement, I've decided that I will not purchase this handheld. Reason: the fact that Nintendo states that it will brick 3DS systems for any reason they deem legitimate goes beyond the scope of what I wish to give Nintendo the power to do.
I do not pirate software nor mod any of my consoles and handhelds. But I do buy used games and often shop at flea markets and sometimes eBay. And since there are very professional looking pirate cartridges with legitimate looking labels & cases floating around, the opportunity to save money by buying used or thru non-retail store outlets is eliminated for me due to the fear that my handheld may be rendered permanently unplayable by Nintendo, though I did nothing intentionally wrong or illegal.
I understand that piracy is hurting all software companies. I understand companies are losing a lot of money due to pirate carts and R4 devices. But I do not wish to give Nintendo the right to brick MY system for whatever reason they see as reasonable and legitimate as a solution to their problems.
I would no more agree to give Nintendo this power than I would give this power to General Motors if they stated "Alter, modify, or remove any factory installed equipment and your vehicle will be disabled".
There has to be a better solution to any problems caused by piracy and mod'ing of consoles than rendering a system inoperable.
Sorry Nintendo.... you lost a customer who has spent a LOT of money on your products.
Edited by Mendon, Mon Mar 28, 2011 5:53 AM.